Dismissed

Reliance General Insurance Co.Ltd v. Valsala George

Kerala HC8 Feb 2016MACA/2606/2015

Case brief

AI extract

What is this about?

The Appellate Bench dismissed the insurer's appeal challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal. The Court held that the award of Rs. 84,828, including Rs. 43,200 for loss of earning capacity based on a 10% disability and a multiplier of 9, was not illegal or unsustainable.

What did the court decide?

The insurer's appeal against the compensation award was dismissed. Time granted for deposit of compensation.

Reliance General Insurance Co.Ltd Vs Valsala George — Motor Accident Claims | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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MONDAY, THE 8TH DAY OF FEBRUARY 2016/19TH MAGHA, 1937

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MACA.No. 2606 of 2015 ()

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OP(MV). NO.1559/2008 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA.

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APPELLANT/2ND RESPONDENT:

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RELIANCE GENERAL INSURANCE CO. LTD., KOCHI, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, ERNAKULAM.

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BY SRI.GEORGE CHERIAN, SENIOR ADVOCATE. ADVS. SMT.K.S.SANTHI, SRI.ALEXY AUGUSTINE.

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RESPONDENT/CLAIMANT:

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VALSALA GEORGE, W/O.K.M. PHILIP, ASHARIYATHU, MATHOOR P.O., CHENNEERKARA, PIN-689 662, PATHANAMTHITTA DISTRICT.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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P.B.SURESH KUMAR, J.

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M.A.C.A.No.2606 of 2015

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-----------------------------------------------Dated this the 8^th day of February, 2016

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JUDGMENT

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This is an appeal preferred by the insurer in a proceedings for compensation before the Motor Accidents Claims Tribunal challenging the quantum of compensation granted to the claimant in the proceedings.

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The respondent preferred the claim petition alleging that she sustained injuries in an accident took place on 4.7.2008 involving a vehicle owned by the first respondent in the claim petition. A sum of Rs.1,00,000/- was claimed by way of compensation in the proceedings. The Tribunal, on an appraisal of the materials on record, found that the claimant is entitled to a sum of Rs.84,828/- by way of compensation and an award

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M.A.C.A.No.2606 of 2015 2

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was passed for the said amount accordingly. Out of the amount awarded by way of compensation, a sum of Rs.43,200/- was towards compensation for loss of earning capacity. It is seen that the grievance of the appellant in this appeal is against the award of the said sum towards loss of earning capacity to the claimant. Ext.A7 is the disability certificate issued to the claimant by the competent authority. Ext.A7 certifies that the competent authority has assessed the disability of the claimant at 10%. The claimant was aged 56 years at the time of the accident. In the circumstances, the Tribunal worked out the compensation payable to the claimant for loss of earning capacity applying the notional monthly income of Rs.4000/- and the multiplier '9'. I do not think that the view taken by the Tribunal in the matter of granting the aforesaid compensation to the claimant is illegal or unsustainable for any reason. In the circumstances, there is no merit in the appeal and the same is, accordingly dismissed. The appellant is granted one

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M.A.C.A.No.2606 of 2015 3

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month's time from the date of receipt of a copy of this judgment for deposit of the compensation. All the

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interlocutory applications in the appeal are closed.

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P.B.SURESH KUMAR, JUDGE.

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smm

Reliance General Insurance Co.Ltd v. Valsala George

Case brief

What is this about?

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Reliance General Insurance Co.Ltd v. Valsala George

Case brief

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